HIGH LEVEL POLICIES
Deposits and payment
- All projects under $500 are to be paid in full before the start of the project. All projects over $500 will require 50% deposit, and the balance paid upon completion of the project. Final payment is to be received within 30 days of the invoice date, or late fees will apply.
- We do offer NET 30 on a case-by-case basis
- All work remains the property of GB Productions until final payment is received. Client may not use or distribute any works until paid for in full.
- Unless otherwise specified, all projects that have an agreed upon estimate, will incur a cancelation/kill-fee of 50% of the project. This fee is to cover not only the time that we have already spent on your project, but to also cover the time allocated to your project in lieu of other projects. Before you cancel any project, it is best to talk in person about why. Often times we can come to another solution that works for all parties.
- Discounts valid on printing, design and promotional products. No discount will be give for setup fee’s, shipping charges, mailing fees or other charges incurred by agencies outside of GB Productions such as USPS, UPS, FedEx, DHL and other carriers unless explicitly stated. Subject to change without notice, inquire within for any clarification.
- Due to the nature of our business, we are unable to accept returns on digital goods or customized physical goods. If there is an issue with craftsmanship, quality, etc. please let us know immediately so that we can get you taken care of. If there is a print quality issue, we do offer free reprints. Spelling, grammar, image quality on client provided files or approved proofs are the sole responsibility of the client and reprints will not be free.
- If full payment isn’t received within 30 days of the invoice date, Client will be charged a $50 late fee and 1.5% monthly interest.
- Unless otherwise noted, you are permitted ONE large revision stage, and TWO minor revision stages. Revision requests are to be made within SEVEN days of receiving the proofs. If no revisions are requested within this time, it is assumed that the submitted proof is the accepted final. Any revisions made after this point are subject to additional fees at our hourly rate.
- If mid-project we realize your project will take considerably longer than estimated, we reserve the right to re-scope the project and notify you immediately of any additional costs that may apply. If additions to the original project are made by the client, we reserve the reserve the right to either re-scope the entire project, or bill at our hourly rate.
- It is the Client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. We are not liable for errors or omissions. Once a design is approved by the Client, we are not responsible for any future cost incurred from reprinting materials due to errors.
- Once a project has been delivered by us and is fully paid for by the Client, We will assign the reproduction rights of the design for the use(s) described in the proposal.
- According to the Copyright Law of 1976, the rights to all design and artwork, including but not limited to photography and or illustration created by independent photographers or illustrators retained by the Designer, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with the Designer and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding.
- The Date of Completion (DoC) of a project is affected by feedback and receiving of content from the Client. If there is a delay in the receiving of content or feedback from the Client, timelines will be adjusted accordingly. We cannot be held responsible for delays outside of our control, e.g. equipment failure, weather, customs delays.
GB PRO COMPLETE TERMS & CONDITIONS
- 1.1 – GB Productions, or GB Pro, or GB Productions, LLC shall mean GB Productions, LLC, its successors and assigns or any person acting on behalf of and with the authority of GB Productions, LLC.
- 1.2 – “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorization or other form as provided by the GB Productions, LLC to the Client.
- 1.3 – “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
- 1.4 – “Goods” shall mean Goods supplied by GB Productions, LLC to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorization or any other forms as provided by GB Productions, LLC to the Client.
- 1.5 – “Services” shall mean all Services supplied by GB Productions, LLC to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
- 1.6 – “Price” shall mean the price payable for the Goods as agreed between GB Productions, LLC and the Client in accordance with clause 3 of this contract.
- 2.1- Any instructions received by GB Productions, LLC from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by GB Productions, LLC shall constitute acceptance of the terms and conditions contained herein.
- 2.2 – Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
- 2.3 – Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of GB Productions, LLC.
- 2.4 – The Client shall give GB Productions, LLC not less than thirty (30) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address or business practice).
3. Price And Payment:
- 3.1 – At GB Productions, LLC sole discretion the Price shall be either:
- (a) as indicated on invoices provided by GB Productions, LLC to the Client in respect of Goods supplied; or
- (b) GB Productions, LLC’s quoted Price (subject to clause 3.2) which shall be binding for thirty (30) days.
- 3.2 – GB Productions, LLC reserves the right to change the Price in the event of a variation to GB Productions, LLC’s quotation.
- 3.3 – At GB Productions, LLC’s sole discretion a 50% non refundable deposit may be required.
- 3.4 – At GB Productions, LLC’s sole discretion:
- (a) payment shall be due prior to delivery of the services or goods; or
- (b) payment for approved Clients shall be made by installments in accordance with GB Productions, LLC’s payment schedule; or
- (c) for retainer based services, payment shall be due at the start of each month unless otherwise agreed upon.
- 3.5 – Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due immediately upon delivery invoice.
- 3.6 – Payment will be made by cash, credit card, PayPal, Check, EFT, or by any other method as agreed to between the Client and GB Productions, LLC.
- 3.7- Sales Tax may be applicable and shall be added to the price except when they are expressly included in the Price.
4. Delivery Of Goods:
- 4.1 – At GB Productions, LLC’s sole discretion delivery of the Goods shall take place when:
- (a) the Client takes possession of the Goods at GB Productions, LLC’s address; or
- (b) the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by GB Productions, LLC’s nominated carrier).
- (c) the Client provides full and complete payment.
- 4.2- At GB Productions, LLC’s sole discretion the costs of delivery are:
- (a) in addition to the Price; or
- (b) for the Client’s account.
- 4.3 – The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then GB Productions, LLC’s shall be entitled to charge a reasonable fee for redelivery.
- 4.4 – Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
- 4.5 – The failure of GB Productions, LLC to deliver shall not entitle either party to treat this contract as disavowed.
- 4.6 – GB Productions, LLC shall not be liable for any loss or damage whatever due to failure by GB Productions, LLC to deliver the Goods (or any of them) promptly or at all.
5. Content Of Web Pages And Undertakings:
- 5.1 – The Client is solely responsible for the content of the web page. GB Productions, LLC is not responsible for proofreading any content unless specifically agreed in writing. Any spelling errors will be the sole responsibility of the client.
- 5.2 – GB Productions, LLC makes no representations to the Client on the functionality or content of the Web site.
- 5.3 – The Client is solely responsible for dealings with persons accessing the data or webpage and the Client warrants that they will not refer complaints or inquiries to such data to GB Productions, LLC.
6. Web Hosting:
- 6.1- If the Client selects to organize their own web hosting arrangements, final exported sites will be uploaded to your preferred host company or supplied on disc as per the quoted price. Construction files of the site can supplied on request and at GB Productions, LLC’s sole discretion may incur a fee.
- 6.2- GB Productions, LLC accepts no responsibility for down times, delays, breakdowns or data loss caused by Internet Service Providers.
- 7.1- If GB Productions, LLC retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
- 8.1 – GB Productions, LLC and Client agree that ownership and intellectual property of the Goods shall not pass until:
- (a) the Client has paid GB Productions, LLC all amounts owing for the particular Goods; and
- (b) the Client has met all other obligations due by the Client to GB Productions, LLC in respect of all contracts between GB Productions, LLC and the Client.
- 8.2 – Receipt by GB Productions, LLC of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared or recognized and until then GB Productions, LLC’s ownership or rights in respect of the Goods shall continue.
- 8.3 – It is further agreed that:
- (a) where practicable the Goods shall be kept separate and identifiable until GB Productions, LLC shall have received payment and all other obligations of the Client are met; and
- (b) until such time as ownership of the Goods shall pass from GB Productions, LLC to the Client GB Productions, LLC may give notice in writing to the Client to return the Goods or any of them to GB Productions, LLC. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
- (c) GB Productions, LLC shall have the right of stopping the Goods in transit whether or not delivery has been made; and
- (d) if the Client fails to return the Goods to GB Productions, LLC then GB Productions, LLC or GB Productions, LLC’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and
- (e) the Client is only a bailee of the Goods and until such time as GB Productions, LLC has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods on trust for GB Productions, LLC; and
- (f) the Client shall not deal with the money of GB Productions, LLC in any way which may be adverse to GB Productions, LLC; and
- (g) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of GB Productions, LLC; and
- (h) GB Productions, LLC can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
- (i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that GB Productions, LLC will be the owner of the end products.
9. Client’s Disclaimer:
- 9.1- The Client hereby disclaims any right to rescind, or cancel any contract with GB Productions, LLC or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by GB Productions, LLC and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgement.
- 10.1- The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify GB Productions, LLC of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford GB Productions, LLC an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which GB Productions, LLC has agreed in writing that the Client is entitled to reject, GB Productions, LLC’s liability is limited to either (at GB Productions, LLC’s discretion) replacing the Goods or repairing the Goods. Where the Client is a consumer as defined in the Trade Practices Act 1974 or the Fair Trading Acts, then the Client shall be entitled to either a refund, repair or replacement of the Goods.
- 10.2- Goods will not be accepted for return other than in accordance with 10.1 above.
11. Fair Trade Practices are applicable to all dealings with GB Productions, LLC.
- 12.1- Subject to the conditions of warranty set out in clause
- 12.2 GB Productions, LLC warrants that if any defect in any workmanship of the web site or application provided by GB Productions, LLC becomes apparent and is reported to GB Productions, LLC within one (1) months of the date of delivery (time being of the essence) then GB Productions, LLC will either (at GB Productions, LLC’s sole discretion) replace or remedy the workmanship.
- 12.2- The conditions applicable to the warranty given by clause are:
- (a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
- (i) failure on the part of the Client to properly maintain any Goods; or
- (i) failure on the part of the Client to properly maintain (ii) failure on the part of the Client to follow any instructions or guidelines provided by GB Productions, LLC; or
- (iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
- (iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
- (v) fair wear and tear, any accident or act of God.
- (b) the warranty shall cease and GB Productions, LLC shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without GB Productions, LLC’s consent.
- (c) in respect of all claims GB Productions, LLC shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.
- (a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
13. Intellectual Property:
- 13.1 – Where photos are purchased by GB Productions, LLC from a third party for the use for either print or web it is the responsibility of the client to alert GB Productions, LLC when the license falls due/expires and they are responsible for renewing this license and all fees associated with this renewal whether past or future. GB Productions, LLC takes no responsibility for renewal of these images once they have expired.
- 13.2 – The Client warrants that all designs or instructions to GB Productions, LLC will not cause GB Productions, LLC to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify GB Productions, LLC against any action taken by a third party against GB Productions, LLC in respect of any such infringement.
14. Default & Consequences of Default:
- 14.1- If the Client defaults in payment of any invoice when due, the Client shall indemnify GB Productions, LLC from and against all costs and disbursements incurred by GB Productions, LLC in pursuing the debt including legal costs on a solicitor and own client basis and GB Productions, LLC’s collection agency costs.
- 14.2 – Without prejudice to any other remedies GB Productions, LLC may have, if at any time the Client is in breach of any obligation (including those relating to payment), GB Productions, LLC may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. GB Productions, LLC will not be liable to the Client for any loss or damage the Client suffers because GB Productions, LLC has exercised its rights under this clause.
- 14.3 – Without prejudice to GB Productions, LLC’s other remedies at law GB Productions, LLC shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to GB Productions, LLC shall, whether or not due for payment, become immediately payable in the event that:
- (a) any money payable to GB Productions, LLC becomes overdue, or in GB Productions, LLC’s opinion the Client will be unable to meet its payments as they fall due; or
- (b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
- 14.4 – GB Productions, LLC Designs retains the right to add a link on any website it designs and builds with its wording at GB Productions, LLC’s discretion with the link back to the GB Productions, LLC home page.
15. Suspension Of Services:
- 15.1 – GB Productions, LLC reserves the right to suspend services in any case where the Client fails to perform their obligations under this and any associated agreements, including but not limited to the suspension of the Client’s websites.
- 16.1 – GB Productions, LLC may discontinue services if an amount payable to GB Productions, LLC is overdue or take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. Furthermore, GB Productions, LLC will not refund ( in part or in whole) any deposits received for the commencement of work, under any circumstances unless agreed firstly in writing by GB Productions, LLC. GB Productions, LLC reserves the right to keep all funds from the deposit if work on a job has commenced and is terminated by either party. GB Productions, LLC shall not be liable for any loss or damage whatever arising from such cancellation.
- 16.2 – In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by GB Productions, LLC (including, but not limited to, any loss of profits) up to the time of cancellation.
- 17.1 – In the event that the Client defaults on their invoices GB Productions, LLC will pursue the debt in the state of Washington. Any and all fees incurred by GB Productions, LLC will be passed along to the Client.
- 18.1 – If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- 18.2 – These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
- 18.3 – GB Productions, LLC shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by GB Productions, LLC of these terms and conditions.
- 18.4 – The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by GB Productions, LLC.
- 18.5 – GB Productions, LLC may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
- 18.6 – GB Productions, LLC reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which GB Productions, LLC notifies the Client of such change.
- 18.7 – Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
- 18.8 – The failure by GB Productions, LLC to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect GB Productions, LLC’s right to subsequently enforce that provision.
- 18.9 – All prices quoted are valid for 30 days only from the date of written quotation.
- 18.10 – If the client has made no contact with GB Productions, LLC office for a period of more than 1 month after the project and or any design work has commenced, GB Productions, LLC reserves the right to re-quote the entire project.
- 18.11 – If any project exceeds a period of more than 6 months, GB Productions, LLC reserves the right to terminate the project at its own discretion, without any refunds being paid to the client.
19. The use of GB Productions, LLC for a SEO service is at the Customer’s own risk:
- The Customer acknowledges that GB Productions, LLC makes no warranty that a search engine optimization will lead to or improve any increase in sales, profits or any other form of improvement for the Customer’s business or any other purpose
- To the fullest extent permissible by law, GB Productions, LLC shall not be liable to the Customer for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising whether arising from the negligence of GB Productions, LLC or otherwise
- Where liability cannot be legally excluded, the liability of GB Productions, LLC shall be limited to the cost of supplying the service again
- The Customer agrees to indemnify GB Productions, LLC for any third party claim for damages arising out of or in any way connected with the supply of services to the Customer, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising whether arising from the negligence of GB Productions, LLC or otherwise
- The Customer expressly agree to indemnify and hold harmless GB Productions, LLC, its subsidiaries, affiliates, officers, agents and other partners and its and their respective employees from and against all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys fees and disbursements and court costs) arising from or in connection with the Customer’s information, the Customer’s use of GB Productions, LLC search engine optimization services.
- GB Productions, LLC does not refund any money received from clients for any past SEO work that they have been asked to carry out. All monies received by GB Productions, LLC for any SEO work will not be refunded at any stage even if the client cancels the SEO service.
20. Client Responsibilities and Obligations:
- You must follow all instructions provided by GB Productions, LLC and provide to GB Productions, LLC, in a timely manner, all information and materials requested by GB Productions, LLC.
- GB Productions, LLC will request feedback and changes at certain stages of undertaking the process of designing and developing your website or application. These changes and amends must be sent to GB Productions, LLC in a timely manner. Sending excessive or multiple emails may cause important details to be missed and may result in you incurring additional charges.
- As soon as your website or application is uploaded and made live online or handed over to you, any further work or changes will result in you incurring additional costs, unless otherwise specified.
21. Project Timelines:
- GB Productions, LLC will provide you with an estimate that your website or application can be designed and built.
- This time frame is an estimation only.
- You must make every effort to follow the instructions provided by GB Productions, LLC and provide the required information to GB Productions, LLC in order to facilitate delivery times and correct specifications.
- Delays in providing the required information to GB Productions, LLC may result in delays in product delivery.
- GB Productions, LLC will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.
- If you require GB Productions, LLC to make changes to your website or application after it is handed over to you, you will be required to pay for this work at an agreed quoted fee or our hourly rate. All work must be paid for upfront.
22. Content + Design Restrictions:
- GB Productions, LLC include a “fair” and “reasonable” set number of rounds of changes (3 rounds) during its website or application design + development phase. Any extra changes required by you may incur additional costs and such extra changes can be purchased during the sales process.
- Changes must be submitted in one email and one email of changes (within the scope of the project) is considered one round of changes. Unless agreed to at the beginning of the project.
- Please ensure that you limit your changes to comply with the agreed specifications. Failure to do this may result in you incurring additional costs.
- GB Productions, LLC may include a link to its own website at the footer of your website and, where such link is so included, you must not take any steps to remove this link. GB Productions, LLC reserves the right to change any such links from time to time.
- All prices quoted are valid for 30 days only from the date of written quotation.
23. Suspension of Services:
- GB Productions, LLC reserves the right to suspend/cancel any or all services provided to you, if:–
- You have any outstanding invoices or accounts;
- Your account is in dispute or the subject of a dispute resolution procedure, court order, judgment, finding or determination;
- You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by GB Productions, LLC.
- If you have not paid for the hosting of your website( which GB Productions, LLC has paid for on your behalf) GB Productions, LLC reserves the right to terminate your hosting. Hosting will only resume once invoices have been paid. If the customer’s website has been terminated due to cancellation of hosting, GB Productions, LLC can reinstall the website at a cost of $195 + GST providing the client has a backup of the website.
24. Refund Policy on Website:
- Once we have commenced work on your project no refund is available on the deposit paid for your project. Work may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from GB Productions, LLC, the commencement of wireframes/prototypes by GB Productions, LLC for your project, the commencement of design concepts by GB Productions, LLC for your project and other work undertaken by GB Productions, LLC in relation to your project.
25. Browser Compatibility:
- GB Productions, LLC will make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the main browsers Google Chrome, Safari and Mozilla Firefox latest releases. You understand that we cannot guarantee correct functionality with all browser software across different operating systems. If you require the website to comply with other browsers this may not be possible.